Lopez-Escobar

MEMORANDUM **

Evangelina Araceli Lopez-Escobar is a native and citizen of Guatemala who entered without inspection on July 28, 1989. On September 11, 1995, the Immigration and Naturalization Service (“INS”) commenced deportation proceedings against her by issuing an Order to Show Cause (“OSC”). Lopez-Escobar admitted the allegations in the OSC and conceded deport-ability. On August 5, 1996, she filed an application for suspension of deportation. At a hearing on October 17, 1996, the Immigration Judge (“IJ”) denied her application for suspension of deportation because she did not have seven years of continuous physical presence in the United States prior to the commencement of deportation proceedings (the “stop-time rule”). On appeal, the Board of Immigration Appeals (“BIA”) affirmed the decision of the IJ. Lopez-Escobar petitions for review of the BIA’s decision.

Lopez-Escobar argues that the stop-time rule imposed by § 309(c)(5) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 3009-546 (Sept. 30, 1996) (“IIRIRA”), as modified by § 203(a) of the Nicaraguan Adjustment and Central American Relief Act of 1997, Pub.L. No.…